7 The mens rea for murder is traditionally and statutorily referred to in the Gambia as malice aforethought. In the English case of HYAM V. D.P.P (1174) 2 ALL ER 41, the House of Lords held that, ‘an intention to cause death or grievous bodily harm is established if it is proved that the accused deliberately and intentionally did, and knowing that it was probable that it would result in the death or grievous bodily harm to the victim, even though he did not desire that result’. It is settled law that intention is not capable of positive proof. It is generally inferred from the facts and circumstances of each case. The above facts reveal that the deceased was struck with an iron rod. Perhaps the evidence in exhibit “D” remains the best evidence of the intention of the accused. He stated in exhibit “D” thus “…. I wanted to kill Kajally…” This statement when linked up with the evidence on record in this matter demonstrates in a very strong way the fact that the accused did not only intend to inflict grievous bodily harm on her but also intended to see him dead. I am therefore convinced that the accused struck deceased with the iron rod knowing that grievous bodily harm or death would be the likely consequence and this I shall also hold as a fact. Having answered the three issues framed above in the affirmative, I am satisfied that the prosecution has proved the charge of murder against the accused person with the certainty required by law. The accused person NFALLY KOLLEY is accordingly found guilty and convicted as charged. PREVIOUS CONVICTION: Nothing Known